▲ Ajou University Hospital Pediatric Emergency Center
Amid continuing backlash from the medical community over the search and seizure at the Ajou University Pediatric Emergency Medical Center, the police have unveiled a draft of investigation guidelines that partially incorporate the demands of the medical sector.
According to the police guidelines draft obtained by SBS through Representative Lee Man-hee, Chairperson of the National Assembly Health and Welfare Committee, when conducting a search and seizure for investigations in essential medical fields (emergency, pediatrics, critical care, childbirth, and trauma) at general hospitals or higher, authorities will prioritize executing searches in non-treatment areas, and consider voluntary submission methods if searching treatment areas is unavoidable.
Direct searches will be considered cautiously in light of the characteristics of the materials.
In addition, when 112 emergency calls are received from emergency treatment spaces, the police plan to categorize the types into unnatural death reports and obstruction of emergency medical services, establishing distinct initial response measures for each type.
In such cases, officers will consult with managers in advance before entering the emergency room and conduct forensic examinations or medical staff interviews outside of emergency treatment areas whenever possible.
However, the draft omitted alternatives requested by the medical community during a press conference on October 30, such as the in-principle restriction of searches and seizures in essential medical settings, the incorporation of expert opinions, and the establishment of specific control mechanisms to prevent indiscriminate warrant execution.
Originally submitted to the National Assembly in late October during the parliamentary audit period, the guidelines included provisions such as prioritizing non-treatment areas. However, as the situation evolved following developments last week—including a police apology visit to Ajou University, a press conference by the medical community, and discussions with Minister of Health and Welfare Jeong Eun-kyeong—measures for handling 112 calls were reportedly added.
Meanwhile, Minister of Health and Welfare Jeong Eun-kyeong and Acting National Police Agency Commissioner General Kim Jong-chul met today at the Government Complex-Seoul to discuss the establishment of guidelines, including searches and seizures in essential medical fields.
The Ministry of Health and Welfare and the police have reportedly agreed that "searches and seizures shall be conducted in accordance with the Criminal Procedure Act only when there are suspicious circumstances or relevant connections," though specific details on who and how this will be determined have not been disclosed.
Regarding the outcome of this agreement, an official from the medical community stated, "The guidelines only contain principled contents and fail to reflect specific on-site situations," adding, "The voices of the medical field must be more thoroughly reflected in future discussion processes."
National Assembly Health and Welfare Committee Chairperson Lee Man-hee also stated, "While the legitimate exercise of investigative power by the police is important, the life and safety of emergency patients must take top priority," and urged, "The government must consult sufficiently with the medical community during the guideline-formulation process and prepare effective investigation guidelines that reflect the characteristics of medical settings."
Amid the controversy over searches and seizures that has largely unfolded as a standoff between the medical community and the police, the Korea Patient Organizations Federation also issued an official statement today, emphasizing that "the guidelines must simultaneously guarantee the safety of emergency patients and the truth-finding and evidence-securing rights of medical accident victims."
The federation stated, "Patients and bereaved families affected by medical accidents have complained that it is difficult to directly secure evidence necessary for uncovering the truth, and that active evidence-securing by investigative agencies has been insufficient," and asserted, "Searches and seizures backed by lawfully issued warrants must not be restricted in principle simply because they take place in an emergency room."